Re: Zubik - a different hypo, closer to the case itself

2016-03-22 Thread Scarberry, Mark
Marty, You posit two potential requirements: the government requires the employer to provide the information or the government requires the employee to provide the information. Those raise different issues, don't they? I haven't had time to follow these most recent list exchanges in detail but

Re: Zubik - a different hypo, closer to the case itself

2016-03-22 Thread Marty Lederman
Let me try out another hypo, closer to the facts of Zubik, to see what people's reactions are. As I understand it, what the government and Doug are proposing is that the Court establish another bright-line rule, akin to the one the Court developed in *Bowen *and *Lyng*, excluding a certain categor